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HomeMy WebLinkAbout2010-09-27 10-333 ORDERCOUNCIL ACTION
1 .t- : 3 3
Item No.
Date: September 27, 2010
Item/Subject Order, Granting Easement to Bangor Hydro Electric Company — Bangor Waterfront
Park
Responsible Department: Engineering
Commentary:
The attached Order would grant an easement to Bangor Hydro Electric to provide underground electric
service at the southerly end of the Waterfront Park. By granting this easement Bangor Hydro will be
responsible for operating and maintaining the system rather than the City. A copy of the easement and
location map is attached.
Departm�He
Manager's Comments: This Easement request was reviewed and recommended for approval by the
Infrastructure Committee.
WMIANWAIMM
mu'61 City ManageL
Associated Information: Easement, Council Order, and Council Action
Budget Approval:
FinanceDirector
Legal Approval:
'ity Solicitor
Introduced for
X Passage
First Reading Page _ of
Referral
10-333
Assigned to Councilor Blanchette September 27, 2010
of RA*
o.
CITY OF BANGOR
OR EAiEDF
(TITLE.) ORDER, Granting Easement to Bangor Hydro -Electric Company — Bangor
Waterfront Park
By the City Council of the City of Bangor,
Ordered, That an easement is hereby granted to Bangor Hydro -Electric Company to install
and maintain underground electric service at the southerly end of the Waterfront Park, said
easement to be in a form acceptable to the City Solicitor.
IN CITY COUNCIL
September 27, 2010
ZPsed
CITY CLERK
(WITLE,)r_r'nting Easement to Bangor
ByA Vlad-tric c any -Bangor Waterfront
Assigned -to
5' DIA.
CONIC.. }P-ULL BOX
_I
TWO 6" CONDUITS
(BASED ON LOCATIONS
SUPPLIED BY THE CITY
OF BANGOR ENGINEERING
DEPARTMENT)
t
Q
0
J
�
� Q
THE
EASIITYYEOF
Q
BBANGOR
SEPTEMBER 3. 2010 THE UNDERGROUND
FILE f2008-187 I
W
Im
Z3
—1— 0
EASEMENT AREA 'J" I a
W
--1
— N 5856'17" W
_Z
I Q
11.01'
OMITS OF
20 -FOOT WIDE
EASEMENT STRIP —
I
OVERHEAD
I
_t_WARE -
I
N 42'04'11" E
8.00' —
I
S 82'48'41' W
I
---t- 14.91'
EXISTING UTILITY
(POLE
(NO NUMBER) _
I
EXHIBIT "A" © ''SLIGHT POST (TYP.)
S'10" E SEWER MANHOLE
37.00; (�•)
�® SEWAGE
•��ELECTRICAL BUILDING
E
CABINET
S 06'15'50" W
20.00'
N 83'46'17" W
15.44'
EASEMENT AREA
3.885 SOFT.
oloKv1 NOW OR FORMERLY
z w CITY OF BANGOR
12 '� 1 BK. 6248 - PG. 330
IMSEWALL
JAMES W SEWALL COMPANY /Sr"ce 1880
SEW 11.LCOM 80D 648 4201
AN INTEGRATED TEAM Of
GEOSPATIAI, ENGINEP.RINQ
SURVEYING AND NATURAI
RESOURCE. CONSULTANTS
(LEASE TO THE q�
SHELLY COMPANY >1
BK. 9333 -PG. 148)
i
a
m
z
m
0
0
3
EXISTING BANGOR HYDRO � �
THE
EASIITYYEOF
I HEREBY CERTIFY THAT AS OF
BBANGOR
SEPTEMBER 3. 2010 THE UNDERGROUND
FILE f2008-187 I
CONDUIT SHOWN HEREON IS LOCATED
ECPLAN
OROED AT TTHE .0 R D.)
<
EASEMENT AREA 'J" I a
BK. 11522 -PG. 273 I
IMSEWALL
JAMES W SEWALL COMPANY /Sr"ce 1880
SEW 11.LCOM 80D 648 4201
AN INTEGRATED TEAM Of
GEOSPATIAI, ENGINEP.RINQ
SURVEYING AND NATURAI
RESOURCE. CONSULTANTS
(LEASE TO THE q�
SHELLY COMPANY >1
BK. 9333 -PG. 148)
i
a
m
z
m
0
0
cr
\ mss "JOHN
10.
\ = ALLEN
2311
r
����
' St
® LEASE LINE \ �N�rhl7gnu11100
1 IRON REBAR
(FOUND)
136 Cwdw SYML P.O. Boot 433, OU Town, Who 0410604U
207 027 4400 Fu 207 627 5611 WoCbw bLwm wwwxwwl.aom
1"=30'
PLAN
SHOWING LOCATION OF
UNDERGROUND ELECTRIC EASEMENT
SERVING
"THE CITY OF BANGOR"
BANGOR, MAINE
FOR
BANGOR HYDRO -ELECTRIC COMPANY
�j 3
In I}
CERTIFICATION:
I HEREBY CERTIFY THAT AS OF
SEPTEMBER 3. 2010 THE UNDERGROUND
CONDUIT SHOWN HEREON IS LOCATED
N 07'11'19' W
WITHIN THE BOUNDS OF THE EASEMENT
5.15'
AREA AS INDICAT61)
— N 5856'17" W
SIGNED
11.01'
JOHN H. ALLEN, PLS /2311
cr
\ mss "JOHN
10.
\ = ALLEN
2311
r
����
' St
® LEASE LINE \ �N�rhl7gnu11100
1 IRON REBAR
(FOUND)
136 Cwdw SYML P.O. Boot 433, OU Town, Who 0410604U
207 027 4400 Fu 207 627 5611 WoCbw bLwm wwwxwwl.aom
1"=30'
PLAN
SHOWING LOCATION OF
UNDERGROUND ELECTRIC EASEMENT
SERVING
"THE CITY OF BANGOR"
BANGOR, MAINE
FOR
BANGOR HYDRO -ELECTRIC COMPANY
�j 3
In I}
1C; 333
KNOW ALL MEN.BY THESE PRESENTS, That the CTTY4OFBANGOR, amunicipal corporation
having its.principal offices at 73 Harlow Street, Bangor, County of Penobscot, State of Maine, being the owner
in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described
as follows, viz:
Being LOT.2 of the premises conveyed by Maine Central Railroad Company to -the Grantor
herein by deed dated August 8, 1996, and recorded in the Penobscot County Registry of Deeds in
Book 6248, Page 330;
for consideration given byBANGOR HYDRO -ELECTRIC COMPANY, a corporation organized and
existing under -the laws of the State of Maine and having its principal place of business at Bangor, County of
Penobscot, State of Maine, the receipt whereof is hereby acknowledged, does hereby give, grant and convey to
saidBangor Hydro -Electric -Company, its successors and.assigns forever, the rights, privileges and easements
hereinafter set forth, which are to be exercised upon and with -respect to so much of a strip of land 20 feet in
width for its entire length as lies within -the. aforesaid lands, beginning at a utility pole located on land of the
Grantor at the northerly end of Easement Area Parcel J described in an easement deed dated August 7, 2008,
and recorded in the Penobscot County Registry of Deeds in Book 11322, Page 273, thence extending northerly
a distance of 120 feet, more or less, to a concrete transformer pad. Said strip being shown on Exhibit "A"
attached hereto and made a part hereof.
The rights, privileges and easements hereby conveyed for utility purposes with respect to said strip are
as follows: to enter upon said lands with men and conveyances and all necessary tools, machinery, equipment
and supplies; to excavate, lay, bury, install, construct, maintain, operate, repair, rebuild, and remove
underground wires, cables, conduits, ducts, transformers, foundations, switching equipment, protective and
safety devices, manholes, and other apparatus used or useful for the transmission of electricity, as the Grantee
herein may from time to time desire, upon and/or beneath the surface of the earth; the right to transmit
electricity and intelligence over, through and by said wires, cables, conduits, ducts, transformers, switching
equipment, protective and safety devices, manholes and other apparatus; and the right to keep said strip cleared
by any lawful means of trees, undergrowth and all other obstructions.
Also conveying the right to extend underground lines from said strip to facilities and buildings as
now located or to be located on said premises.
Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the rights,
privileges and easements to construct, maintain and operate a line of poles and wires with their fixtures and
supports, on a temporary basis, on said lands in such a manner as to provide electric service to facilities and
buildings being served by the herein described underground system; in the event a fault occurs in the
underground system during a period of time when it may be difficult or impossible, due to weather conditions,
ground conditions or otherwise, to repair such underground system; said line of poles and wires to be
dismantled by said Bangor Hydro -Electric Company when such fault is corrected; and to transmit electricity
and intelligence over said wires and apparatus, and to clear and dispose of interfering trees and other growth
from time to time.
The Grantor for itself, and its successors and assigns, covenants and agrees to and with the Grantee, its
successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building,
trailer, mobile home, swimming pool, or other structure, of any kind or nature, upon said strip any or all of
which in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise of
any of the rights, privileges and easements hereby conveyed.
Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the right to
establish any and all safety regulations which said Company, in its sole discretion, deems necessary and proper
for the transmission of electricity or intelligence, and for the construction and maintenance of said poles, wires,
anchors, cables, conduits, ducts, transformers, foundations, switching equipment, protective and safety devices,
manholes, and other apparatus used or useful for the transmission of electricity. Any interference or violation by
said Grantor, its successors and assigns, as determined by the Grantee, of said safety regulations, shall constitute
an interference with and violation of the rights, privileges and easements hereby granted.
This conveyance is subject to the Grantee's agreement and covenant to promptly restore the surface of
the Grantor's land to its prior conditions after an excavation or disturbance to said surface in connection with the
exercise of the rights, privileges and easements herein granted, such restoration to be limited to regrading,
regrass-seeding, and reasphalting of said surface.
Also conveying to said Bangor Hydro -Electric Company, its successors and assigns, the power -to assign
to others, in whole or in part, any or all of the rights, privileges, and easements herein set forth.
TO HAVE AND TO HOLD the said rights, privileges and easements to said Bangor Hydro -Electric
Company, its successors and assigns, forever.
IN WITNESS WHEREOF, It, the said City of Bangor has caused this instrument to be executed by its
duly authorized representative this day of September, 2010.
City of Bangor
By:
print name:
title:
STATE OF MAINE
County of Penobscot, ss: September 2010.
Personally appeared the above-named and acknowledged
the foregoing instrument to be his/her free act and deed, in his/her aforesaid capacity, and the free act and deed
of the City of Bangor.
Before me,
Print Name of Notary:
Notary Public